Nagaland Geoscientist Association (NGA) has asserted that the forest department has violated the Rules of Executive Business (REB), 2016 by issuing a notification dated April 17, 2018 for review of the Nagaland Minor Concession Rules (NMMCR) 2004.
In a press release, NGA president, S Manen, and secretary, Khikiya Kath, pointed out that in the REB, 2016 of the government of Nagaland, all minerals including minor minerals, oils were allocated to geology and mining (G&M) department.
NGA reminded that G&M department was established in 1968 with one of its objective being to administer, regulate and control mineral resources of the state. It stated that NMMCR, 2004 was framed in 2004 based on Section 17 of Nagaland Ownership and Transfer of Land and its Resources (NOTLAR) Acts, 1990. It stated that NMMCR, 2004 was laid in Nagaland Legislative Assembly and passed and published in Nagaland Gazette Extraordinary No.52 on March 1, 2005.
As per the NMMCR, 2004, the association said G&M department has been authorised to regulate, control and monitor mines, issue mining license, quarry license/permit and to collect royalty on minor minerals.
Further, NGA stated that following the issue of permit and royalty collection on minor minerals by Dhansiri Flood Control Board (DFCB), the state government called a consultative meeting with the related departments and DFCB. It said the joint meeting decided to set up a committee to review the implementation of NMMCR, 2004.
Accordingly, it said a review committee was set up by the government headed by additional chief secretary vide Notification No. GM-5/EXPL-15/2001(Pt.) dated July 16, 2016.
NGA said the review committee at its meeting held on November 30, 2016 recommended G&M department to operationalise the NMMCR, 2004 with immediate effect.
However, it said the forest department continued collecting royalty on minor minerals resulting in double royalty payment to two departments, which led to the sand union seeking clarification from state government as to which department they should pay royalty.
Accordingly, NGA said the government called a high level joint meeting chaired by the chief minister with the chief secretary on October 28, 2017. The forest department was represented by minister, principal secretary, PCCF, secretary while G&M department was represented by minister, additional secretary, director, under secretary and mining engineer.
It said the joint meeting decided that G&M department would operationalise NMMCR, 2004 and the forest department to amend their rules by deleting minerals, oils listed as forest produce in the Forest Act, 1927.
Based on the decision of the joint meeting, NGA said a government notification was issued on April 2, 2018 with the approval of the present chief minister where G&M department was authorised to implement the NMMCR, 2004.
In the light of the above, the NGA has demanded that the government Rules of Executive Business, 2016 be executed in letter and spirit.